Citation

Colen MS. J. Occup. Accid. 1988; 10(3): 167-178.

Copyright

(Copyright © 1988, Elsevier Publishing)

DOI

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PMID

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Abstract

Colen, M.S., 1988. Exceptions to the exclusivity rule in worker's actions against employers for occupational accidents. Journal of Occupational Accidents, 10: 167-178.Workers in the United States are, for the most part, prohibited from suing their employers for injuries received as a result of occupational accidents. The states have enacted workers compensation systems to provide a "no-fault" system of recovery, albeit with compensation limits. Because recovery is limited, the exclusivity of the system is often challenged in court by injured employees. These challenges have led to the creation of exceptions to the exclusivity rule. Two of the most important theories for such exceptions are: (1) the dual capacity theory where the employer has some function other than simply that of employer which results in additional duties and obligations to the employer, and (2) a theory based upon fraud on the part of the employer regarding safety and the extent of injuries. California state court cases concerning allegations related to these theories are analyzed to determine the scenarios under which the theories will be applied by the courts. It is found that there are only very narrow applications to these theories but that there is a large potential liability to employers when such theories are applied.